Mr. Karing had been a junior high science teacher for 37 years and well- known for being kind to his students. In his 37 years of teaching at no point did he ever raise his voice to any of his students. He preferred gentle verbal persuasion, and for 37 years this approach worked well. In his class this year he had a student transfer in from another school, three months into the semester. The student was doing exceptionally well academically (most quizzes and exam marks were between 90-100%) but was continually disruptive during class time. The student would often leave his desk to do whatever (sharpen a pencil, get a notebook, ask to borrow something from another student, etc.). When Mr. Karing would ask him to please return to his seat, he would often ignore him on the first request; only after several requests would the student finally return to his seat. At one point during a science lab demonstration the student left his desk and refused to return, even after several requests. Mr. Karing went over to the student to guide him back to his seat. As he did this the student stepped back and lost his balance. Fortunately he fell toward Mr. Karing who put his hand on his back to help the student regain his balance. As soon as Mr. Karing's hand touched the student's back, the student became extremely agitated and started yelling at Mr. Karing to quit touching him. Mr. Karing removed his hand from his back and the student returned to his seat. The next day the principal asked Mr. Karing to join him in a meeting with the student's parents. In the meeting the parents explained their child experienced sexual abuse at a young age and when Mr. Karing touched the student, it triggered a serious post traumatic experience. The student attempted suicide that evening and was now in the hospital under a 24-hour watch. The parents let the principal and teacher know they were going to charge Mr. Karing with common assault under subsection 265 (1) of the Criminal Code. The most likely outcome in this case would be which of the following?

• The charges would be dismissed because accidental contact does not amount to an assault, whether or not it produces injury. 
• Mr. Karing can be charged because there was intent to make contact by Mr. Karing, irrespective of the purpose and the fact that the injury was far more severe than intent is of no significance.  
• The charges would be dismissed because mere touching with intent  cannot amount to an assault.
• The charges would be dismissed because it is necessary that there be application of force.